Protection expandedfor forfeiture cases

Published: Saturday, January 01, 2000

SANTA FE {AP} The New Mexico Supreme Court has broadened the legal protections for people arrested for drug trafficking by making it harder for the state and local governments to seize their cars, cash and some other property.

The court's 3-2 ruling led to a sharply critical dissent by two justices, who described the majority's decision as a "radical departure" from the legal holdings of the U.S. Supreme Court.

A criminal defense attorney applauded Thursday's decision to provide legal safeguards to those arrested in drug cases and subject to civil forfeiture actions.

A lawyer for the city of Albuquerque said the ruling could affect a large number of pending drug-related forfeiture cases and might lay the foundation for legal challenges to the city's policy of seizing cars of repeat drunken drivers.

The ruling involves a state law that allows the government to seize vehicles, aircraft and boats used in drug trafficking as well as any money involved with the crime. The state law unlike federal forfeiture laws doesn't allow for seizure of land or a person's residence.

A 41-page majority opinion written by Justice Gene Franchini said "the New Mexico Double Jeopardy Clause forbids bringing criminal charges and civil forfeiture petitions for the same crime in separate proceedings."

In making its ruling, the Supreme Court also reversed the drug-related convictions of several people who had lost vehicles or cash in forfeiture proceedings. The court also upheld the dismissal of criminal charges of other people who had lost cars or money by forfeiture.

Currently, governments can quickly bring a civil forfeiture action to seize cars and cash after a person is arrested on a drug case. Then criminal charges are brought and decided later.

The court said that forfeiture and criminal drug charges for the same crime can be brought only in a "single bifurcated proceeding."